Triple Talaq: Supreme Court to look into legal aspects only

The Supreme Court (SC) today said that it would limit itself to the legal aspects of the various religious practices among Muslims such as triple talaq, nikah halala and polygamy. The court further stated that it would not get involved into the question whether divorce among the Muslim community should be governed by courts. The court added that such practices are part of the Muslim law and fall under the legislative domain.

The bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud directed the lawyers from both sides to make a list of points that need to be deliberated upon in the next hearing. The court will be hearing the case again on Thursday. The court has also asked lawyers to summarize some cases that relate to the hardships faced by victims of triple talaq.

It may be recalled that the center has been vocal about its opposition to the practice of triple talaq, nikah halala and polygamy among Muslims. The center wants the judiciary to look into these practices from the viewpoint of secularism and gender equality.

However, the All India Muslim Personal Law Board has junked the center’s perspective, saying that such practices among Muslims are the fundamental rights of a particular community, something that is provided by the constitution. The Jamiat Ulema-i-Hind, another prominent Islamic group, has also criticized the center’s opinion, saying that there cannot be any interference with the Muslim Personal Law.